Housing allowance
February 24, 2011 | 35,00 EUR | answered by RA Kristian Hüttemann
A warm "hello"
My neighbor has the following problem: She is a retiree and has been receiving housing benefits regularly for six years. An anonymous tip has now informed the housing office that she has been living with her boyfriend for the past six years. However, he has been unable to work for four years and only receives a minimal pension of 350 euros. The housing office has now revoked the approval for the housing benefits for the past six years and is demanding the repayment of the housing benefits granted during this period.
Our question now is: Is the action of the housing office legal and would an objection have a chance of success? Or is it actually as the housing office claims?
Thank you in advance!
Dear inquirer,
Thank you for your inquiry, to which I would like to respond based on the information provided as follows:
I.
The amount of housing benefit is generally determined by the number of members living in the household in question and their total income. In addition to the applicant themselves, household members relevant to the housing benefit calculation also include individuals living with the applicant in a residential and economic community.
II.
Such a residential and economic community also exists when the applicant lives with another person in a non-marital partnership and both clearly stand for each other. These conditions are to be assumed to exist in a non-marital partnership of six years.
III.
To determine whether there is a housing benefit entitlement, the annual gross income of all household members to be considered is added up. Together, they form the total income of the household. Based on this, housing benefit can then be granted if a certain income limit is not exceeded.
IV.
According to your information, only your neighbor's pension income was taken into account in the housing benefit calculation. However, since she has been living with her partner in her household for six years, his income should also have been considered. Therefore, the housing benefit payments are based on an incorrect calculation basis and are therefore generally subject to recovery.
I hope I have provided you with a sufficient overview of the legal situation. If there are any points left unclear, please feel free to ask for further clarification.
Sincerely,
Kristian Hüttemann
lawyer
